Following the Senate’s recent passage of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA), we are rapidly approaching the finish line for this critical piece of legislation.

With the filing two weeks ago of the Conference Report, H. Rept. 115-863, which embodies the agreement between the Senate and the House, it appears likely that a compromise bill will go forward to the President shortly.

The NDAA contains a number of provisions that would reform the procurement process, several of which, are the focus here.

Louisville is pioneering an approach that aims to make purchasing and contracting a key ingredient in successfully delivering services.

The Louisville, Kentucky, Free Public Library needs its security guards to do more than simply monitor the entrances to its buildings. “They have to respond to medical emergencies, address disruptive behavior and make sure no one is using drugs in the bathrooms or hiding under the stairwells at closing,” says Belinda Catman, the library’s executive administrator for operations. The toughest part of the job, she says, is dealing with “a diverse population that includes children, elderly, individuals who are homeless, use substances or are mentally ill.” Too often, security guards assigned to the library have been unable or unwilling to fulfill key aspects of the job, leading to excessive turnover.

In trying to fix this problem, Catman uncovered a mechanism driving the mismatch: Security guards were not being hired by the library directly. Instead, the library had tacked on to a $6.5 million Facilities Management Department contract with a private security firm without updating the scope and qualifications requirements. “Unlike at the library, the security-guard job at Facilities involves little interaction with people beyond greeting visitors at the door and asking them to sign in,” explains Catman.

Louisville was treating contracting as a rubber-stamping activity rather than a crucial ingredient to the success of city services. The procurement system was highly compliance-oriented and siloed between departments, which became a particular pain point when departments shared products or services. Louisville is not alone: Cities across the country are falling short of achieving key objectives due to their rote approach to contracting. But the good news is that many of them are ready to get out of the contracting rut and reinvent how they partner with the private sector.

The federal government’s procurement professionals are bullish about improvements to federal acquisition, according to a recently released survey, but it definitely isn’t because they’re high on innovation.

Rather, the ninth biennial Acquisition Policy Survey, compiled by the Professional Services Council and Grant Thornton Public Sector, found recurring challenges such as budget instability, hiring difficulties and onerous regulatory burdens were offset by improvements to the human quotient of the acquisition workforce.

The government sought to hire up acquisition professionals in recent years, and that talent is now more seasoned, skilled and “a little more experienced,” according to PSC Executive Vice President and Counsel Alan Chvotkin.

“Some optimism comes from having a better understanding of their job,” Chvotkin told reporters Wednesday.

Contractors hoping to protect their right to file bid protests got much of what they wanted in the conference report for the fiscal 2019 National Defense Authorization Act, which also contained several provisions to streamline the Pentagon’s acquisitions.

In reconciling the two chambers’ bills, House members accepted a Senate provision to require the Defense secretary to study the frequency and effects of bid protests related to the same contract award filed at both the Government Accountability Office and the Court of Federal Claims.

Some contractors had previously objected to a Pentagon request for curbs on protests some consider “frivolous” by giving companies a deadline for filing a second one. Instead, Defense must conduct the study within 180 days and also establish a data collection system “to better track and analyze bid protest trends in the future,” a joint explanatory statement said. For contracts of less than $100,000, the Pentagon must establish by Dec. 1 an expedited bid protest process.

For decades Congress has demonstrated its deep interest in simplifying the federal government’s ability to buy commercial products and services. It recognized that to solve government’s most difficult problems, the government must have ready access to the innovative and rapidly evolving commercial marketplace.

But the government’s transactions in the commercial marketplace, which should be quick and easy, have gotten more complicated over the years, not less so. This is due in large part to the volume and complexity of government-unique contract terms and conditions.

Volume 1 of the Section 809 Panel report includes several recommendations for Congress’ consideration that will truly simplify contracts for commercial products and services. Among other strategies, Recommendation 2 makes the case for Congress retaining the authority to determine the applicability of new government-unique requirements that are well-intended but burdensome, rather than delegating that authority to the Federal Acquisition Regulatory Council or the Department of Defense.

In 1994, the Federal Acquisition Streamlining Act took important steps to make the government more commercial-like in its dealings in the commercial marketplace. FASA limited the applicability of many, but not all, procurement-related statutes in two ways. First, many statutes in effect at the time FASA was enacted were made inapplicable to commercial buying, significantly simplifying federal contract compliance and administrative burdens.